Senate Bill 2952

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
DEPARTMENT OF PUBLIC SAFETY FOR FISCAL YEAR 2004.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION 1. The following sum of money, or so much
thereof as may be necessary, is hereby appropriated out of any money in the
State General Fund not otherwise appropriated, to defray the expenses of the
Department of Public Safety for the fiscal year beginning
July 1, 2003, and ending June 30, 2004...........................................

............................................ $ 43,223,649.00.

SECTION 2. The following sum, or so much thereof as may
be necessary, is hereby appropriated out of any money in the State Treasury to
the credit of the Department of Public Safety for the purpose of defraying the
expenses incurred in the operation of the various divisions of the department
for the fiscal year beginning July 1, 2003, and ending
June 30, 2004............................................ $ 50,420,885.00.

SECTION
3. Of the funds appropriated under
the provisions of Sections 1 and 2, not more than the amounts set forth below
shall be expended for the respective major objects or purposes of expenditure:

DIVISION OF MISSISSIPPI HIGHWAY
SAFETY PATROL

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits$
38,834,254.00

Travel and Subsistence.............. 106,000.00

Contractual Services..................... 4,010,000.00

Commodities.............................. 3,484,385.00

Capital Outlay:

Other Than Equipment................ 75,000.00

Equipment........................... 2,992,000.00

Subsidies, Loans and Grants..............
54,850.00

Total.............................. $ 49,556,489.00

FUNDING:

General Funds........................... $ 32,105,702.00

Special Funds............................ 17,450,787.00

Total.............................. $ 49,556,489.00

AUTHORIZED POSITIONS:

Permanent: Full
Time........... 887

Part Time........... 0

Time-Limited:Full
Time........... 1

Part Time........... 0

DIVISION OF LAW ENFORCEMENT TRAINING ACADEMY

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits$
770,656.00

Travel and Subsistence.............. 7,100.00

Contractual Services..................... 370,000.00

Commodities.............................. 198,108.00

Capital Outlay:

Other Than Equipment................ 0.00

Equipment........................... 31,400.00

Subsidies, Loans and Grants..............
217,800.00

Total.............................. $ 1,595,064.00

FUNDING:

General Funds........................... $ 585,175.00

Special Funds.......................... 1,009,889.00

Total.............................. $ 1,595,064.00

AUTHORIZED POSITIONS:

Permanent: Full
Time........... 25

Part Time........... 0

Time-Limited:Full
Time........... 0

Part Time........... 0

It is the intention of the Legislature that
all funds received as tuition fees, grants or donations by the Division of Law
Enforcement Training Academy shall be deposited in a special fund in the State
Treasury to be designated as "Law Enforcement Officers' Training Academy
Fees and Donations Fund." It is
further the intention of the Legislature that the Division of Law Enforcement
Training Academy may increase fees at any time to offset any increases in
operational costs.

Any transfers within major objects of
expenditure within each specific budget or escalations shall be made in
accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended
herein shall be used to replace federal funds and/or other special funds which
are being used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.

SECTION
4. The Commissioner of Public
Safety may, on a case by case basis, within funds available, recommend that
corrective salary adjustments be made to the compensation of employees of the
Department of Public Safety where an inequity was created between employees of
equivalent capacity by previous application of the agency appropriation
acts. Any such corrective salary
adjustment plan must have prior approval by the State Personnel Board. Such adjustments will not be retroactive.

Any funds in the Salary, Wages and Fringe
Benefits major object of expenditure may be used to purchase accumulated
compensatory time within funds available.

SECTION
5. The Commissioner of Public
Safety shall have the authority to transfer State General Funds appropriated
herein from any Division within the Department of Public Safety to any other
Division within the Department of Public Safety between any major objects of
expenditure, including but not limited to Salaries, Wages, and Fringe Benefits,
not to exceed ten percent (10%).

SECTION
6. It is the intent of the
Legislature that the local governments pay for part of the computer cost of the
Mississippi Justice Information Center by maintaining their contribution to the
Department of Public Safety.

SECTION
7. It is the intention of the
Legislature that the Department of Public Safety designate certain employees to
aid the Division of Crime Laboratories in the billing and collecting of all
fees charged for services rendered by the Division of Crime Laboratories.

SECTION
8. No part of the funds
appropriated herein shall be transferred to, expended by, or used, directly or
indirectly, for the benefit of any public relations, publicity or publication
activities of any other state agency, department or officer, nor shall any
personnel paid with funds appropriated herein be transferred or assigned to any
other state agency, department or officer for public relations, publicity, or
publication activities of such office.

SECTION
9. It is the intention of the
Legislature that the Department of Public Safety shall have the authority to
receive, budget and expend funds from any source in accordance with the rules
and regulations of the Department of Finance and Administration in a manner
consistent with the escalation of federal funds.

SECTION
10. It is the intention of the
Legislature that the Department of Public Safety shall not issue citations for
violations of speed limits on a quota basis.
No funds expended under this act shall be used for such quota-based
citations for violations of speed limits.

SECTION
11. Of the funds provided under the
provisions of this act, One Hundred Sixty Thousand Thirty-eight Dollars
($160,038.00) may be used to reallocate or reclassify existing positions of
this agency.

SECTION 12. The Commissioner of Public
Safety shall have the authority to transfer Department of Public Safety Special
Funds from any Division within the Department of Public Safety to any other
Division of the Department of Public Safety Special Funds including Funds 3711,
371C, 371E, 3713, 3714, 3715, 3740, 3741, 3742, 3744, 3747, not to exceed Four
Million Dollars ($4,000,000.00) collectively during Fiscal Year 2004.

SECTION 13. It is the intention of
the Legislature that all Fair Labor Standards Act (FLSA) non-exempt sworn
officers who are working 171 hours in a 28-day work cycle be compensated at an
hourly rate based on 2,087.143 hours per year.
This section and its provisions shall be known and cited as the
"David R. Huggins Act of 2002".

SECTION 14. Funds are provided herein for the longevity component of the
Variable Compensation Plan in the amount of Two Thousand Five Hundred Dollars
($2,500.00) for the Commissioner of Public Safety and the Chief of the Highway
Safety Patrol pursuant to Section 25-3-37(2), Mississippi Code of 1972, and may
be awarded no later than December 31, 2003, unless Section 25-3-33, Mississippi
Code of 1972, is repealed effective July 1, 2003.

SECTION 15. It is the intention of the Legislature that the Department of
Public Safety shall provide an annual report to the Mississippi Legislature
detailing all legislators who were transported in highway patrol aircraft
during the fiscal year. The report
shall be provided to each member of the Mississippi Legislature on or before
January 15, 2004.

SECTION 16. The money herein appropriated shall be paid by the State
Treasurer out of any money in the State Treasury to the credit of the proper
fund or funds as set forth in this act, upon warrants issued by the State
Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon
requisitions signed by the proper person, officer or officers, in the manner
provided by law.

SECTION
17. This act shall take effect and
be in force from and after July 1, 2003.